CRC recommends excluding impeachment from reformed Constitution

   

The Constitutional Reform Committee (CRC) has recommended that an impeachment process should not be included in the reformed Constitution.

 

Impeachment has to do with bringing charges against a government official for wrongdoing.

 

Speaking Tuesday during the Sectoral Debate, Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte, said the decision to exclude this provision came after lengthy deliberations:

 

"The reasons are that it is essentially dealing with what is a legal matter through a political process as most impeachable offences are criminal in nature and properly triable in the courts. We know that views are divided on this matter. We know that some people feel very strongly about it. We consider that the process can be easily manipulated for partisan political purposes, that it is difficult to ensure an impartial hearing by members of a Parliament that is divided along partisan political lines," she sought to explain.   

 

She said, if the matter being investigated involves allegations of a crime, normal criminal proceedings would take place.

 

Mrs. Malahoo Forte, who is co-chair of the CRC, said that in her report to Cabinet and Prime Minister Andrew Holness, she advised that parliamentarians would have to look at how they hold themselves to account in a better way.

 

"Since the report, our engagements with the people say, if not impeachment, why not recall? If the numbers are high, you could have three or four by-elections happening in a five-year cycle. So they say the strength of a democracy is that it is self-correcting because it has the power of the decision in the vote," she reasoned.  

 

Impeachment legislation needed

 

But Principal Director of National Integrity Action (NIA), Danielle Archer, believes impeachment legislation must become a reality in Jamaica, dismissing the fear of possible political manipulation in the process.

 

In a statement on the weekend, Ms. Archer reminded the government of its promise regarding impeachment legislation.

 

In that regard, she highlighted the results of a 2023 Don Anderson poll, which indicated that 91.5 per cent of Jamaicans are desirous of impeachment charges against elected officials found guilty of unlawful activities.

 

Speaking with Radio Jamaica News on Wednesday, the NIA director said the concern of political interference in impeachment hearings should not be a hindrance to legislation. 

 

"I'm not sure what the Minister of Legal and Constitutional Affairs means when she says political manipulation. Political manipulation is what political parties do, and that does not mean that you cannot have legislation that protects the integrity of parliamentarians. It is in that context that I am a bit concerned, curious, wondering what the purpose of making a statement that such a legislation that looks at impeachment would be exposed to political manipulation," she argued. 

 

Ms. Archer questioned whether the public is being manipulated by the government in its hesitation to enact legislation on impeachment. 

 

"It cannot be that we are being politically manipulated, wherein they are denying that they have agreements on impeachment provisions. It cannot be that they are going to deny that they are capable of passing legislation quickly through Parliament. We have seen it happen. So what's the reason? We've had several instances of occasions where our parliamentarians themselves have explained that situations are morally untenable. What would explain the reason why you would not want to have legislation in Parliament that ensures that you have people of unquestioned integrity?" she querried.